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HOUSE DOCKET, NO. 1393 FILED ON: 1/18/2023
HOUSE . . . . . . . . . . . . . . . No. 1785
The Commonwealth of Massachusetts
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PRESENTED BY:
Jeffrey Rosario Turco
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to Down syndrome.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Jeffrey Rosario Turco19th Suffolk1/18/2023Joseph D. McKenna18th Worcester1/18/2023 1 of 3
HOUSE DOCKET, NO. 1393 FILED ON: 1/18/2023
HOUSE . . . . . . . . . . . . . . . No. 1785
By Representative Turco of Winthrop, a petition (accompanied by bill, House, No. 1785) of
Jeffrey Rosario Turco and Joseph D. McKenna relative to prohibiting abortions because of the
diagnosis of Down syndrome in unborn children. The Judiciary.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act relative to Down syndrome.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 The General Laws are hereby amended by inserting after chapter 112, the following
2chapter 112A:
3 CHAPTER 112A.
4 DOWN SYNDROME ACT.
5 Section 1. This chapter shall be known and may be cited as the “Down Syndrome Act.”
6 Section 2. As used in this section, the following words shall have the following meanings
7unless the context clearly requires otherwise:
8 “Abortion” means the purposeful termination of a human pregnancy by any person with
9an intention other than to produce a live birth or to remove a dead unborn child or embryo. 2 of 3
10 “Down syndrome” means a chromosomal disorder associated with either an extra
11chromosome twenty-one, in whole or in part, or an effective trisomy for chromosome twenty-
12one.
13 “Unborn child” means the developing human child in utero from conception to birth.
14 Section 3. (a) No person shall purposefully perform or induce or attempt to induce an
15abortion on a pregnant female, if the person has knowledge that the pregnant female is seeking
16the abortion, in whole or in part, because of any of the following: a test result indicating Down
17syndrome in an unborn child; a prenatal diagnosis of Down syndrome in an unborn child; or any
18other reason to believe that an unborn child has Down syndrome.
19 (b) Any physician, physician assistant, certified nurse practitioner, certified nurse
20midwife or other individual whether or not licensed by the Board of Registration in Medicine,
21the Board of Registration in Nursing, the Board of Registration of Physician Assistants, or
22otherwise authorized by law to practice medicine within the Commonwealth of Massachusetts,
23who violates section 3(a), is guilty of performing or attempting to perform an abortion that was
24being sought because of Down syndrome, a crime punishable by imprisonment in the state prison
25for not more than 15 years or by imprisonment in a jail or house of correction for not more than 2
26years and 6 months or by a fine of not more than $15,000, or by both such fine and
27imprisonment.
28 (c) The Board of Registration in Medicine, the Board of Registration in Nursing, and the
29Board of Registration of Physician Assistants shall revoke the medical license to practice
30medicine or nursing in this commonwealth of the physician, physician assistant, certified nurse 3 of 3
31practitioner, certified nurse midwife or other medically licensed individual who violates section
323(a).
33 (d) Any physician, physician assistant, certified nurse practitioner, certified nurse
34midwife, or other individual who violates section 3(a) is liable in a civil action for compensatory
35and exemplary damages and reasonable attorney’s fees to any person, or the representative of the
36estate of any person, who sustains injury, death, or loss to person or property as the result of the
37performance or inducement or the attempted performance or inducement of the abortion. In any
38action under this section, the court may also award any injunctive or other equitable relief that
39the court considers appropriate.
40 (e) A pregnant female on whom an abortion is performed or induced or attempted to be
41performed or induced in violation of section 3(a) is not guilty of violating section 3(a) or of
42attempting to commit, conspiring to commit, or complicity in committing a violation of section
433(a).
44 (f) If any provision in this chapter is held to be invalid, or if the application of any
45provision in this chapter to any person or circumstance is held to be invalid, the invalidity of that
46provision does not affect any other provisions or the application of this chapter.